Nevada § 388.4354 - Measures to be taken to ensure compliance with laws regarding pupils with disabilities if provider of special education fails to comply with plan of corrective action or order of hearing officer; authorized actions to ensure compliance

§ 388.4354. Measures to be taken to ensure compliance with laws regarding pupils with disabilities if provider of special education fails to comply with plan of corrective action or order of hearing officer; authorized actions to ensure compliance

1. If a provider of special education fails or refuses to comply in a timely manner

with a plan of corrective action established pursuant to NRS 385.175 or with an order of a hearing officer issued pursuant to a due process hearing conducted

pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., or pursuant to an appeal therefrom, the Superintendent of Public Instruction must

take appropriate measures to ensure compliance with the Individuals with Disabilities

Education Act, 20 U.S.C. §§ 1400 et seq., NRS 388.417 to 388.5243 , inclusive, any regulations adopted pursuant thereto, or any other law or regulation

governing the education of pupils with disabilities in this State. 2. In determining the appropriate measures to take to ensure compliance with the laws

and regulations governing the education of pupils with disabilities, the Superintendent

of Public Instruction must consider: (a) The severity of the failure to comply with the plan of corrective action or the

order of the hearing officer and the length and number of times that the provider

of special education has been out of compliance with the laws and regulations governing

the education of pupils with disabilities; (b) Whether the provider of special education made a good faith effort to comply with

the plan of corrective action or the order of the hearing officer; (c) The impact on pupils served by the provider of special education of the failure

to comply with the plan of corrective action or the order of the hearing officer;

and (d) Whether the provider of special education has previously failed to comply with

such a plan of corrective action or order of a hearing officer. 3. The actions which the Superintendent of Public Instruction may take to ensure compliance

pursuant to subsection 1 after considering the factors set forth in subsection 2 include,

without limitation: (a) Extending the time by which the provider of special education must comply with

the plan of corrective action; (b) Revising the plan of corrective action; (c) Requiring the school district or the governing body of the charter school, as

applicable, to provide technical assistance to the provider of special education to

assist with compliance with the laws and regulations governing the education of pupils

with disabilities; (d) Requiring the school district or the governing body of the charter school, as

applicable, to provide appropriate professional development for the provider of special

education to assist with compliance with the laws and regulations governing the education

of pupils with disabilities; (e) Ordering an investigation of compliance by the provider of special education or

additional inspections of the provider of special education to ensure compliance with

the laws and regulations governing the education of pupils with disabilities, or both; (f) Requiring the school district or charter school, as appropriate, to assign one

or more persons to monitor compliance with the plan of corrective action or order

of the hearing officer and the laws and regulations governing the education of pupils

with disabilities by the provider of special education; (g) Notwithstanding any collective bargaining agreement or contract of employment

to the contrary, requiring the school district or charter school, as applicable, to

take appropriate disciplinary action against a principal or other administrator who

knowingly and willfully fails to comply with a plan of corrective action or order

of a hearing officer; (h) Requiring the provider of special education to attend a public meeting of the

State Board to explain the failure of the provider of special education to comply

with a plan of corrective action or order of a hearing officer, address public concerns

and outline the actions that the provider of special education intends to take to

ensure compliance with the laws and regulations governing the education of pupils

with disabilities; (i) Taking punitive action against the provider of special education, which may include,

without limitation: (1) To the extent possible, redirecting money provided by the Federal Government for

administrative costs related to the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq. ; or (2) To the extent possible, withholding, in whole or in part, any federal or state

apportionment to the provider; or (j) Seeking enforcement of a plan of corrective action or the order of a hearing officer

in a court of competent jurisdiction. 4. The Superintendent of Public Instruction may work with any other appropriate governmental

entity to carry out the provisions of subsection 3.